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City of Georgetown

Council Member Berryman Expenses Detailed

Posted Tuesday November 9, 2010 4:36pm

Berryman Expenses Finally Detailed
in Response to Request and Complaint

After the Fact Compilation
Now Open to Public Scrutiny

Investigative Report by Ken Martin
© The Austin Bulldog 2010

Pat BerrymanGeorgetown Council Member Pat Berryman has at last provided a report of the expenses she claims to have incurred, and for which she was retroactively issued a payment of $13,600 by the City of Georgetown.

The 20-page report comes 10 months after Berryman was paid, a result of The Austin Bulldog’s open records request and subsequent complaints filed with several law enforcement agencies.

“The attached expense report is accurate to my recollection and has been verified by the research I have done with city staff, and my own records,” Berryman states in an October 15 cover letter.

“It was a difficult task because so much time has elapsed from this time period. I think it should be noted that the Georgetown City Council was not required by the city resolution to provide documentation of any kind. Therefore, it was not anticipated this would occur.

“None of the other council members have been or are being required to provide this in depth information regarding the reimbursement for expenses. I must say that it is unfair to be singled out in this manner.”

Berryman only state employee on council

The Austin Bulldog targeted Berryman because she was the only state employee serving on the council during the period covered by her $13,600 payment, July 2008 through December 2009. As a state employee, she was prohibited by Section 40(b) of the Texas Constitution from drawing a salary for service as an elected official. Berryman should prove her expenses are legitimate and not a means to circumvent the salary prohibition, according to opinions issued by the Texas Attorney General.

City Attorney’s Performance Evaluations

Posted Wednesday September 1, 2010 1:56pm
Updated Sunday September 5, 2010 1:15pm
City Attorney’s Performance
Evaluations Finally Made Public

But Questions Arise Concerning
Information Deleted from Evaluations


by Ken Martin
© The Austin Bulldog 2010

Georgetown City Attorney Mark Sokolow was tenacious about trying to keep his performance evaluations from being released. The Austin Bulldog filed an open records request for copies of these evaluations on May 16, 2010.

Mark SokolowSokolow stated his case for withholding his evaluations in his May 28 letter to the Attorney General and, when he got a decision he didn’t like, he filed a lawsuit to contest the decision—without asking the City Council for permission.

He could have lost his job over this and, as reported by The Austin Bulldog on August 24, there was evidence that powerful Republican officials and ordinary citizens alike were fed up with the negative publicity being generated by Sokolow's actions and were calling for his dismissal.

Instead, the Georgetown City Council on August 24 voted 7-0 to direct him to drop the lawsuit and release his performance evaluations, minus information the Texas Attorney General ruled may be withheld for attorney-client privilege.

George GarverAfter the council meeting that night, Mayor George Garver told The Austin Bulldog that in the closed-door executive session, the council decided to devise a standard way of evaluating the performance of not only the city attorney but that of the city manager and city secretary, all of whom report directly to the council.

Tommy GonzalesOn August 25, Council Member Tommy Gonzales told The Austin Bulldog that the city lacks a good method of formally evaluating the work of these key city officials. “No expectations have been set, and no goals or objectives either,” he said. “We're trying to find the best way to protect Georgetown and be fair to all parties concerned.”

Deletions raise questions

The Austin Bulldog received Sokolow’s performance evaluations August 25, seven pages in all. Some of the information on every page has been redacted (blacked out).

Sokolow To Be Terminated?

Posted Tuesday August 24, 2010 1:24am
Updated 12:28pm
Updated 4:25pm
Georgetown City Attorney
Ready for the Firing Squad

Sokolow Increasingly Viewed
as a Problem to be Solved
by Ken Martin
© The Austin Bulldog 2010

Mark SokolowThe Roman orator and philosopher Cicero once wrote, “The good of the people is the greatest law,” and that seems to be a guiding principle in how the Georgetown City Council deals with the fate of its chief legal counsel, City Attorney Mark Sokolow.

None of the four council members interviewed would speak on the record about how they intend to vote in tonight’s council meeting, and no one but the council members can decide whether Sokolow keeps or loses a job that pays $130,000 a year.

George GarverMayor George Garver cannot vote except to break a tie and says his focus for action this week has been to establish an orderly and discreet process for considering whether Sokolow goes or stays, and under what conditions.

Nevertheless there is a possibility that Sokolow will be terminated just over 10 months after he started work last October 19 with the responsibility to establish a new in-house legal staff.

Council Member’s Pay Violates Texas Constitution

Posted Tuesday May 4, 2010 2:39pm
Updated Wednesday May 5, 2010 10:56am
Georgetown Council Member’s
Pay Violates Texas Constitution
Investigative Report by Ken Martin

Pat BerrymanPat Berryman, who is serving in her second term as a member of the Georgetown City Council, was paid a lump sum of $13,600 by the City of Georgetown in an apparent violation of the Texas Constitution.

The payment was requested by Berryman as reimbursement of expenses from July 2008 through December 2009.

The payment is reflected in a copy of Council Member Berryman’s city payroll record obtained from the City of Georgetown using the Texas Public Information Act.

During the entire period for which Berryman claimed reimbursement, she was a state employee working for State Senator Steve Ogden (R-Bryan), according to state payroll records obtained from the Secretary of the Texas Senate through an open records request.

Section 40(b) of the Texas Constitution prohibits a state employee who is a member of a governing body from drawing a salary. A state employee serving as a council member may be reimbursed for actual expenses but must prove that the expenses equal or exceed the amount reimbursed.

Council Member Berryman has not met that requirement.

How it happened

Mark-SokolowIn a December 15, 2009, e-mail to Georgetown City Attorney Mark Sokolow, Berryman requested reimbursement of expenses from July 2008 through December 2009.

The $13,600 she was paid represents 17 months at $800 a month.

Berryman’s e-mail to Sokolow lists 16 items, or types of expenses. The e-mail provides no indication of the amount of expenses incurred for any or all of these items. Berryman provided no receipts for the stated expenses.

Reimbursement previously refused

According to the minutes of the Georgetown City Council Meeting of April 8, 2008, under Agenda Item T, the council voted 7-0 to approve a change to the compensation schedule for the mayor and council members.

The new schedule was based on recommendations of a compensation committee appointed by the council to study the matter.

The compensation schedule authorized:

• “Base compensation” of $450 a month for the mayor and $300 a month for each of the seven council members.

• An “optional stipend” of $800 a month for the mayor and council members.

The minutes of that council meeting do not fully explain the compensation, but the minutes specify—as the compensation committee recommended—that the mayor and council members “would not be required to explain their reason for accepting the stipend.”

 

To facilitate these payments, the city devised a form that provided boxes to be checked, to either accept or decline each form of compensation

A warning was printed on the form:

Georgetown City Attorney Hired In Secret

Posted Wednesday April 28, 2010 5:31pm
Updated Friday April 30, 2010
Georgetown City Attorney Hired In Secret
Investigative Report by Ken Martin

The City of Georgetown has legal problems.

On September 8, 2009, the Georgetown City Council made the decision to hire a new, in-house city attorney, Mark Sokolow, in a closed-door executive session. That appears to be a violation of the Texas Open Meetings Act.

James HemphillAttorney Jim Hemphill of the Austin law firm Graves Dougherty Hearon and Moody, serving as a volunteer attorney on behalf of the Freedom of Information Foundation of Texas, described the nature of such a violation.

“While the Open Meetings Act allows deliberation of personnel matters to be held in executive session, it does not have any provision authorizing hiring decisions to be made in executive session,” Hemphill said.

Hemphill pointed to Open Records Decision No. 605, issued by then Texas Attorney General Dan Morales, that states:

“Although deliberation may take place in an executive session, the board may take action to hire an employee only in an open session properly noticed in accordance with section 3A of the Open Meetings Act.”

Strike two
A possible second violation of the Open Meetings Act is also connected to the hiring of Mark Sokolow. This one relates to the description of an agenda item for the executive session. The notice did not adequately describe what the city council was to discuss behind closed doors. The posting for the 6pm session of the September 8, 2009, agenda stated for Item BB:

“Sec. 551.074 Personnel Matters — City attorney.”

Patricia CarlsPatricia “Trish” Carls of the Austin law firm Carls, McDonald and Dalrymple had served as Georgetown’s city attorney for years. She was present and acted in that capacity at the September 8 council meeting. (It is common practice for small cities to contract with outside law firms for legal services rather than hire the staff necessary to provide such services.)

The wording of the agenda item for the executive session is unclear. It could be construed by the public to mean that a discussion of Carls would be undertaken.

What actually occurred, however, was revealed in the minutes of the September 8 council meeting, which under “Action from Executive Session,” reads as follows:

“Motion by (Council Member Pat) Berryman, second by (Council Member Gabe) Sansing that the Human Resources (sic) have the authority to continue his discussions with the